Douglas Bruce Not In Contempt But Must Testify

DENVER (AP) ― A judge ruled Tuesday that anti-tax activist Douglas Bruce won't be held in contempt of court for not testifying in a lawsuit about tax-cutting ballot measures, but he will have to answer questions about them.

Denver District Judge Brian Whitney rejected the Colorado attorney general's request to hold Bruce in contempt after state officials tried and repeatedly failed to serve him with a subpoena.

Government lawyers argued that the author of Colorado's Taxpayer's Bill of Rights illegally avoided answering questions about three proposals on the November ballot. Bruce has said he has nothing to do with those measures and was out of state when state officials tried to subpoena him.

Bruce wrote a 1992 constitutional amendment that limits government spending and taxing in Colorado.

Although he wasn't found in contempt of court, Bruce was ordered to appear for a deposition within three weeks to answer questions about his involvement with the initiatives: Amendments 60 and 61 and Proposition 101.

The Denver Post reports that Bruce's attorney, David Lane, said his client will likely fight any attempt to make him testify about his stances on the measures. Lane said inquiring about those activities would violate Bruce's First Amendment right to associate politically with whom he pleases.

"Douglas Bruce is not obligated to set forth any of his political beliefs," Lane said after the court hearing. "His life doesn't become an open book."

The secretary of state's office wanted Bruce to testify earlier this year in an administrative case looking into who is financing the three ballot measures. The initiatives would limit the ability of local and state governments to borrow and spend money.

A Colorado administrative court ruled in June that Bruce helped get the proposals on the ballot and that three other people involved should have disclosed their contributions. Those three people were fined $2,000 each for not reporting their contributions but Bruce wasn't.


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Anti-tax advocate served with subpoena

DENVER — Colorado Attorney General John Suthers finally got his man.

Suthers' spokesman Mike Saccone said Tuesday that process servers located anti-tax activist Douglas Bruce and served him with a citation for contempt of court after trying more than 30 times to serve him with a subpoena.

Denver District Court Judge Brian Whitney ruled there is evidence that Bruce flouted the law. He ordered Bruce to show up July 26 for a hearing.

Bruce said he was never properly served.

"I did nothing wrong, that's the upshot, because I was never served. The judge has already found me guilty, he's already made up his mind. This is America, and Douglas Bruce has rights to due process of law," Bruce said.

Bruce was in court Tuesday fighting a subpoena ordering him to appear before a grand jury in an unrelated case, but Saccone said he didn't know when or where process servers found Bruce.

Kathleen Walsh, spokesman for the district attorney's office, said Bruce was ordered to show up Wednesday to testify before the grand jury. She said the grand jury proceedings are secret and she refused to disclose why Bruce was called to testify.

The judge denied a motion by Bruce to quash the two subpoenas for the grand jury after Bruce contended they weren't valid because one was unsigned and the other didn't provide sufficient notice.

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